Balkishor Lakhua Vs State of Odisha

(a) a writ of mandamus or any other appropriate writ, direction or order by directing the Opposite Parties to treat the petitioners to be absorbed as Sikshya Sahayak with effect from 02.08.2008 since the petitioners are engaged in the vacant post of Sikshya Sahayaks and are having same qualification as that of the Sikshya Sahayaks and are performing the same duty that is available for Sikshya Sahayaks in a primary school as per the Policy decision of the State Government and accordingly to treat the petitioners as Junior Teacher with effect from 02.08.2011 and Regular Primary School Teacher with effect from 02.08.2014 instead of 01.03.2017, in terms of the Resolution of the Government dated 16.02.2008 under Annexure-2 and the carrier advancement policy formulated vide resolution dated 10.01.2008 under Annexure-5 and also keeping in view the ratio decided by this Hon'ble Court in the case of Dhananjay Charan Dey & Ors. Vrs. State of Orissa & Ors. reported in 2020 (II) ILR-CUT-84 , which has been upheld by the Division bench of this Hon'ble Court in W.A. No. 10 of 2021 , disposed of on 02.02.2021 and so also which has been confirmed by the Hon'ble Apex Court in SLP(C) Nos. 13627 of 2021, decided on 25.01.2023 ( State of Odisha and Ors. Vrs. Dhananjaya Charan Dey and Ors.) within a time to be stipulated by this Hon'ble Court;

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And

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(b) any other order/orders or direction/ directions be issued so as to give complete relief to the petitioners;

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And for this act of kindness, the petitioners shall as in duty bound ever pray.”

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The case of the petitioners is that they were initially engaged as an Education Volunteers under Education Guarantee Scheme (EGS). Upon abolition of the said scheme, the Education Volunteers were rehabilitated as Gana Sikshyakas under the Sarba Sikshya Abhijan of the Government as per Resolution dated 16.02.2008. Subsequently, the Government took a decision that the Career Advancement Policy of Gana Sikshyakas will be worked out keeping in view the Career Advancement Policy of Sikshya Sahayaks. It is claimed by the petitioners that they should have been extended the benefit of Career Advancement Policy being treated as Junior Teacher w.e.f. 2011 and regular Teacher w.e.f. 2014. However, they were granted the benefit of Level-V Asst. Teacher (Ex-cadre) as per order dated 04.01.2018 of the District Education Officer, Sundargarh, copy enclosed as Annexure-7. The petitioners strongly rely upon the judgment of this Court passed in Dhananjay Charan Dey & Ors. vs. State of Orissa & Ors.¹ .

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Since it is for the concerned authority to take a decision on the grievance of the petitioners at the first instance, the writ petition is disposed of granting liberty to the petitioners to approach the Secretary, Department of School and Mass Education (Opposite Party No.1) by submitting fresh representations individually highlighting their grievances within a month and in such event the Secretary shall consider and dispose of the representations of the petitioners as early as possible, preferably within a period of three months thereafter.

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(Sashikanta Mishra)

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A.K. Rana

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Signature Not Verified

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Judge

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Digitally Signed Signed by: A JAYA KUMAR RANA 1 2020(II) ILR-CUT- 84 Designation: PERSONAL ASSISTANTReason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 22-Aug-2024 17:17:51

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Balkishor Lakhua v. State of Odisha

Case brief

What is this about?

What did the court decide?

Balkishor Lakhua v. State of Odisha

Case brief

What is this about?

What did the court decide?

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What the court decided

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